Caleb N. Griffin of Arkansas has written Contracting as a Class, 48 BYU Law Review (2023). Here’s the abstract: Contract law is stuck in a loop of path dependency and stale precedent. Its metaphors, like “the meeting of the minds,” are today laughably implausible. Its values, like “consent,” have been stripped of any real meaning. No one […]
Category Archives: Consumer Law Scholarship
Consumer Financial Protection Bureau, Consumer Law Scholarship, Federal Trade Commission, U.S. Supreme Court, Unfair & Deceptive Acts & Practices (UDAP), including Discrimination
If the Chamber of Commerce’s claim that discrimination isn’t unfair is correct, why does Student for Fair Admissions have “fair” in its name?
I am working on an article about the CFPB’s determination that discrimination is unfair, a claim that the Chamber of Commerce and banking trade groups are challenging in litigation. Consequently, I am collecting examples in which people used the word “fair” to mean “without discrimination,” or conversely, “unfair” to convey discriminatory conduct. A prominent example […]
Alan Kaplinsky of Ballard Spahr has asked me to mention that the authors of papers that are selected for the Berkeley Consumer Law Scholars Conference that I posted about yesterday will also be considered to be guests on Ballard Spahr’s weekly podcast program, Consumer Finance Monitor, where Alan would interview them about their papers. Consumer […]
We received the following announcement: Save the Date: CLSC 2024 We are pleased to announce the sixth annual Consumer Law Scholars Conference (CLSC), which will be held February 29-March 1, 2024, at Berkeley Law. Save the date! The purpose of the CLSC is to support in-progress scholarship, foster a community of consumer law scholars, and build connections […]
Rory Van Loo of BU has written The Public Stakes of Consumer Law: The Environment, the Economy, Health, Disinformation, and Beyond, 107 Minn. L. Rev. 2039 (2023). Here’s the abstract: Consumer law has a conflicted and narrow identity. It is most immediately a form of business law, governing market transactions between people and companies. Accordingly, […]
Farshad Ghodoosi of California State, Northridge, David Nazarian College of Business & Economics, Department of Business Law and Monica M. Sharif of California State, Los Angeles have written Arbitration Effect, 60 Am. Bus. L.J. 235 (2023) (behind paywall but also available on Westlaw). Here’s the abstract: Arbitration is changing the United States justice system. Critics argue […]
The Center for Justice and Democracy has issued a report titled “Nuclear Fizzle: How Jury Grievance Reports Whitewash Corporate Misconduct and Dehumanize Victims.” Here is the brief summary: “Corporate lobby groups are issuing reports criticizing juries when their large corporate members lose cases (which we call “jury grievance reports”). Their focus is on what they […]
Myriam E. Gilles of Cardozo has written The Private Attorney General in a Time of Hyper-Polarized Politics, 65 Ariz. L. Rev. 337 (2023). Here’s the abstract: With the enactment of the Federal Trade Commission Act (“FTC Act”) in 1914 and the Wheeler–Lea Act in 1938, Congress sought to establish a brawny federal consumer protection regime to […]
Mark E. Budnitz of Georgia State has written New Developments in Payment Systems and Services Affecting Low-Income Consumers: Challenges and Opportunities, Georgetown Journal on Poverty Law and Policy (2023). Here’s the abstract: The consumer financial services industry has taken advantage of digital technology to transform the way it provides services to consumers using payment systems. After […]
Benjamin L. Cavataro of Villanova has written Regulating Guns as Products, forthcoming in 92 George Washington Law Review (2024). Here’s the abstract: Toy guns are subject to federal product safety regulation. Real guns are not. If a defect in an air rifle causes it to discharge without warning, the manufacturer would be required to promptly […]